Canadian_Dream
10-19 03:10 PM
Ok my last attempt to convey my thoughts:
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
wallpaper Princess Charlotte Casiraghi
DDash
03-25 10:08 AM
H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending
saimrathi
07-11 09:36 PM
Thanks for bringing this up.. This is a legitimate concern.. Lets just hope this doesn't happen to any of us... Although hope is all we can do for now...:(
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
2011 Monaco Rose Ball 2011
gotgc?
12-19 04:15 PM
1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
http://www.hooyou.com/eb-1/faq.html
Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?
A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.
Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.
Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?
I asked this question to my lawyer. No response yet. I would really appreciate your response.
more...
WeldonSprings
05-28 01:23 PM
I e-filed on 04/14 at NSC and still no updates. TSC as can be seen from the post above is approving EAD cards in 2-3 weeks.
Its NSC
Its NSC
ItIsNotFunny
11-12 02:17 PM
This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????
Thanks for sharing information. Can you URL for Murthy's article?
Thanks for sharing information. Can you URL for Murthy's article?
more...
hatighora
07-19 02:10 PM
Why are you even working for such a company? You should be with a company that values your contribution and wants to keep you and cares for you, similarly you should accept GC processing from a company that you are comfortable working with.
2010 MySpace Charlotte Casiraghi in
EndlessWait
01-10 04:50 PM
but its a long shot.. do u've EAD or H1...r u in status to fight while u work
more...
jonty_11
07-16 12:23 PM
unfortunately, I think there is more demand than supply for EB2 India Mostly (maybe China too)...which will not let any relief be brought to any EB3 categories....If USCIS keeps allocating spillovers to EB2...they will never quell that demand.
I agree with Nixtor that dates for EB2 (I and C) will go back again..to at least 2004 if not later.
I agree with Nixtor that dates for EB2 (I and C) will go back again..to at least 2004 if not later.
hair Princess Charlotte presents
hetuweb
08-23 08:47 PM
Yes Buddy, Everyone Will Get Fp Notices.:)
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InTheMoment
07-11 05:36 PM
It is perfectly legal. Before throwing out ignorant allegations like "skirting the law" and all that, do your homework first. I am sure I did mine thoroughly well!
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
hot 25: Princess Charlotte
indigo10
03-01 09:54 PM
Thanks for your kind reply. Yes this amount of 40K is what i saved from my salary after my employer deducts taxes via withholding. I am confused because I read that you have to declare any foriegn accounts help while filling for taxes here in US. I made these trasnfers to my dad's account and I dont have any NRI account. I am not sure if I will fall into this category and have to declare all this. Thanks again for your help.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.
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house Monaco Grand Prix
dealsnet
08-18 01:33 PM
This case is must be handled by an experienced lawyer.
Contact Murthy or other reputed lawyers.
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
Contact Murthy or other reputed lawyers.
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
tattoo Princess Stephanie Prince
rockstart
04-06 11:51 AM
Perhaps your old employer might have withdrawn/ revoked your I 140 and that might have triggered the RFE. Still all they will ask is new EVl with job responsiblities so easy to answer
Thank you all four replies. You guys are relly helpful. I did not change state, I just moved from one street to another street with in the same city.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
Thank you all four replies. You guys are relly helpful. I did not change state, I just moved from one street to another street with in the same city.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
more...
pictures CHARLOTTE CASİRAGHİ İN NEW
meridiani.planum
09-14 02:44 AM
How 'bout when you're swimming?
its plastic, not paper. [so I am told, I dont know, I am still waiting]. Nothing happens if you dip it in water.
Just buy swimming shorts (or a bikini depending on your gender or preferences) with a pocket.
P.S: this post is a joke, so easy with the flames.
its plastic, not paper. [so I am told, I dont know, I am still waiting]. Nothing happens if you dip it in water.
Just buy swimming shorts (or a bikini depending on your gender or preferences) with a pocket.
P.S: this post is a joke, so easy with the flames.
dresses Princess Charlotte of Monaco:
somegchuh
04-04 06:47 PM
Eb3India,
You make very good points.
Actually a lot of folks who are beyond 6 years are themselves to blame to some extent. We did not realize that its a long process and the sooner you start the better it is.
Here's the deal. The GC process takes 4 years on average if you are from India/China. Some ppl get it it in 3 years. Some get it in 5 years. The systems is built in a way that it has to take at least 3 years. Back when labor processing used to take 2 years (1yr state + 1yr federal), the rest took 1-2 years. Now labor is really fast and the dates are retrogressed.
So, now it will take 6 months to get labor and then 2+ years of waiting for dates to become current then processing for 1 year. So about 4 years.
Off course some of us got the short end of the stick when cases got shipped to BEC's and labor took 4 instead of 2 years. and then some people are stuck in retrogression after getting out of BEC's. Its all about knowing the entire game before getting into it. I kick myself for not starting the process sooner.
So, your options are 1) Labor subs 2) Go to India and come back as L1 3) Fight the system 4) Do nothing and wait.
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
You make very good points.
Actually a lot of folks who are beyond 6 years are themselves to blame to some extent. We did not realize that its a long process and the sooner you start the better it is.
Here's the deal. The GC process takes 4 years on average if you are from India/China. Some ppl get it it in 3 years. Some get it in 5 years. The systems is built in a way that it has to take at least 3 years. Back when labor processing used to take 2 years (1yr state + 1yr federal), the rest took 1-2 years. Now labor is really fast and the dates are retrogressed.
So, now it will take 6 months to get labor and then 2+ years of waiting for dates to become current then processing for 1 year. So about 4 years.
Off course some of us got the short end of the stick when cases got shipped to BEC's and labor took 4 instead of 2 years. and then some people are stuck in retrogression after getting out of BEC's. Its all about knowing the entire game before getting into it. I kick myself for not starting the process sooner.
So, your options are 1) Labor subs 2) Go to India and come back as L1 3) Fight the system 4) Do nothing and wait.
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
more...
makeup Charlotte Casiraghi (L-R)
belmontboy
12-02 06:39 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
girlfriend Charlotte Casiraghi Charlotte
alok
04-09 01:33 AM
In my view It is as important as anything else for a EB organization. We should
especialy be careful with hard country limit and other related issues, It can take a turn for worse and end up EB organizations with different national backgrounds fighting for a slice in a pie rather than getting it bigger enough to hold everyone.
Ethnic diversity is good for IV, and we should encourage everybody to join regardless of their origin!
AAPI is not an EB related organization - it is a professional organization like the AMA, but all of its members are of Indian origin!
AAPI and its President agreed to this role / endorsement after they were approached for their support. Some doctors who are members of IV, are also members of AAPI. In return, they will not be getting anything - what can IV give an organization that is over 25 years old? Their meetings are attended by all kinds of lawmakers - including Presidents (of the US)! It would be foolish to not want their help - but then IQ scores are not a prerequisite for posting on IV Forums!
BTW, only docs who are affected are from India & China - all docs fall under EB2! (And, also STEM!)
FYI - doctors who worked to advance IV's goals travelled on their expense, even cross-country, to attend an AAPI meeting and it proved very fruitful in many ways to advance IV's causes. When this meeting was being held, the STEM provisions had already been included in all drafts - and these docs did not need to do anything else! Yet, these docs travelled to try & advance all of IV's goals!
If somebody has objections to country quota limit removal - take it up with the Core group & rest of IV!
We need help from everybody in this fight! AAPI can only help IV, not the other way around!
I do not understand these misgivings about AAPI's endorsement at all - am I missing something? This endorsement came after a lot of effort from a lot of people, and was actually initiated at the request of key members of the Core Group!
especialy be careful with hard country limit and other related issues, It can take a turn for worse and end up EB organizations with different national backgrounds fighting for a slice in a pie rather than getting it bigger enough to hold everyone.
Ethnic diversity is good for IV, and we should encourage everybody to join regardless of their origin!
AAPI is not an EB related organization - it is a professional organization like the AMA, but all of its members are of Indian origin!
AAPI and its President agreed to this role / endorsement after they were approached for their support. Some doctors who are members of IV, are also members of AAPI. In return, they will not be getting anything - what can IV give an organization that is over 25 years old? Their meetings are attended by all kinds of lawmakers - including Presidents (of the US)! It would be foolish to not want their help - but then IQ scores are not a prerequisite for posting on IV Forums!
BTW, only docs who are affected are from India & China - all docs fall under EB2! (And, also STEM!)
FYI - doctors who worked to advance IV's goals travelled on their expense, even cross-country, to attend an AAPI meeting and it proved very fruitful in many ways to advance IV's causes. When this meeting was being held, the STEM provisions had already been included in all drafts - and these docs did not need to do anything else! Yet, these docs travelled to try & advance all of IV's goals!
If somebody has objections to country quota limit removal - take it up with the Core group & rest of IV!
We need help from everybody in this fight! AAPI can only help IV, not the other way around!
I do not understand these misgivings about AAPI's endorsement at all - am I missing something? This endorsement came after a lot of effort from a lot of people, and was actually initiated at the request of key members of the Core Group!
hairstyles Today the lovely Charlotte
garybanz
10-04 10:11 AM
My AP and EAD both came to me directly.
I guess it depends on what we fill in our forms
I guess it depends on what we fill in our forms
kvsagar22
02-15 11:21 AM
I came to know about it On 12 Feb. I am not sure what it is?
I am expecting common RFE? or let me know what your thoughts.
Thanks
I am expecting common RFE? or let me know what your thoughts.
Thanks
Canadianindian
02-10 11:59 PM
You cross the border every day?
If your Attorney says it�s okay then probably you don�t have to worry.
However, your current Canadian address is not what you have in files on your I-485. Because, you can't give a foreign address.
So, I personally think you are beyond jeopardizing your pending I-485.
Good Luck!
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
If your Attorney says it�s okay then probably you don�t have to worry.
However, your current Canadian address is not what you have in files on your I-485. Because, you can't give a foreign address.
So, I personally think you are beyond jeopardizing your pending I-485.
Good Luck!
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
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